2000SCMR 1858 (PLP)
RABIA BIBI and others — Petitioners Versus MANZOOR HUSSAIN and others — Respondents
| Citation | 2000SCMR 1858 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Ch. Muhammad Arif, JJ |
| Parties | RABIA BIBI and others — Petitioners Versus MANZOOR HUSSAIN and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2000SCMR 1858 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000SCMR 1858 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasiab Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000SCMR 1858 (PLP) (RABIA BIBI and others — Petitioners Versus MANZOOR HUSSAIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahzad Shaukat, Advocate Supreme Court with Tanvir Ahmed, Advocate on-Record for Petitioners.
- Abdul Wahid, Advocate Supreme Court for Respondent No. 1.
- Date of hearing: 26th November, 1998.
- A.R. Shaukat, Senior Advocate Supreme Court, Muhammad
- 3. Ch. Abdul Wahid, learned counsel appearing for respondent No. l/caveator was present in Court and candidly stated that the arguments being pressed into service by the learned counsel for the petitioners is in order. He further stated that paragraph 5 of the impugned judgment, dated 19-1-1998 may be excised from the record.
Headnotes / Summary
(On appeal from the judgment, dated 19-1-1998 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur, in Civil Revision No.311 of 1997/BWP).
O.XLI, Rr. 27 & 33
Constitution of Pakistan (1973), Art. 185(3)-- Remanding of case to Trial Court, while appeal was pending before Lower Appellate Court
High Court while deciding revision petition, remanded the case to Trial Court when the matter was pending before Lower Appellate Court
With the consent of the parties the portion of judgment of High Court was set aside and the matter was sent to Lower Appellate Court
Petition for leave to appeal was converted into appeal and the same was disposed of accordingly. A.R. Shaukat, Senior Advocate Supreme Court, Muhammad
Judgment & Decree
CH. MUHAMMAD ARIF, J.
This is a petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 impugning the judgment, dated 19th January, 1998 of a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur whereby the Revision Petition brought by the petitioners against the order, dated 23rd of July, 1997 passed by the learned District Judge, Rahimyar Khan allowing the application of the respondent under Order XLI, Rule 27, C.P.C. was dismissed in limine.
2. Mr. A.R. Shaukat, learned Senior Counsel appearing in support of this petition, has confined his arguments to the fact that the learned Judge in Chambers was not quite right in directing the remand of the case to the trial Judge and further to frame issues according to pleadings of the parties on the questions among others of minority of the plaintiff. His plea was that the appeal was still pending before the learned District Judge, Rahimyar Khan and the assumption that the same had been decided by the Appellate Forum was under some misconception.
3. Ch. Abdul Wahid, learned counsel appearing for respondent No. l/caveator was present in Court and candidly stated that the arguments being pressed into service by the learned counsel for the petitioners is in order. He further stated that paragraph 5 of the impugned judgment, dated 19-1-1998 may be excised from the record.
4. In view of the statement of the learned counsel for the parties, we are inclined to convert this petition into appeal, allow the same and set aside the impugned para. 5 of the judgment, dated 19-1-1998. The result is that the matter will go back to the learned District Judge, Rahimyar Khan for decision, after hearing the parties. No costs. Q.M.H./M.A.K./R-11/S Case remanded,